Legislative and Regulatory Reform Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Legislative and Regulatory Reform Bill

Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc
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(a)
so far as exercisable by a Minister of the Crown, the Scottish Ministers
or the National Assembly for Wales, shall be exercisable by statutory
instrument;
(b)
so far as exercisable by a Northern Ireland department, shall be
exercisable by statutory rule for the purposes of the Statutory Rules
5
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(8)
A statutory instrument or statutory rule containing an order or regulations
under subsection (5)—
(a)
if made by a Minister of the Crown, shall be subject to annulment in
pursuance of a resolution of either House of Parliament;
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(b)
if made by the Scottish Ministers, shall be subject to annulment in
pursuance of a resolution of the Scottish Parliament; and
(c)
if made by a Northern Ireland department, shall be subject to negative
resolution, within the meaning of the Interpretation Act (Northern
Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument
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within the meaning of that Act.
(9)
In subsection (5)—
(a)
“enactment” includes Acts of the Scottish Parliament and Northern
Ireland legislation;
(b)
“subordinate legislation” means any Order in Council, order, rules,
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regulations, scheme, warrant, byelaws or other instrument made under
any Act, Act of the Scottish Parliament or Northern Ireland legislation.
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Power to make ambulatory references to Community instruments
In the European Communities Act 1972 (c. 68), in Schedule 2 (provisions as to
subordinate legislation), after paragraph 1 insert—
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“1A   (1)
Where—
(a)
subordinate legislation makes provision for a purpose
mentioned in section 2(2) of this Act,
(b)
the legislation contains a reference to a Community
instrument or any provision of a Community instrument,
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and
(c)
it appears to the person making the legislation that it is
necessary or expedient for the reference to be construed as a
reference to that instrument or that provision as amended
from time to time,
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the subordinate legislation may make express provision to that
effect.
      (2)
In this paragraph “subordinate legislation” means any Order in
Council, order, rules, regulations, scheme, warrant, byelaws or other
instrument made after the coming into force of this paragraph under
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any Act, Act of the Scottish Parliament or Northern Ireland
legislation passed or made before or after the coming into force of
this paragraph.”
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Combination of powers
In Schedule 2 to the European Communities Act 1972, after paragraph 2
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Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc
16

insert—
“2A   (1)
This paragraph applies where, pursuant to paragraph 2(2) above, a
draft of a statutory instrument containing provision made in exercise
of the power conferred by section 2(2) of this Act is laid before
Parliament for approval by resolution of each House of Parliament
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and—
(a)
the instrument also contains provision made in exercise of a
power conferred by any other enactment; and
(b)
apart from this paragraph, any of the conditions in sub-
paragraph (2) below applies in relation to the instrument so
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far as containing that provision.
      (2)
The conditions referred to in sub-paragraph (1)(b) above are that—
(a)
the instrument, so far as containing the provision referred to
in sub-paragraph (1)(a) above, is by virtue of any enactment
subject to annulment in pursuance of a resolution of either
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House of Parliament;
(b)
in a case not falling within paragraph (a) above, the
instrument so far as containing that provision is by virtue of
any enactment required to be laid before Parliament after
being made but is not required by virtue of any enactment to
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be approved by resolution of each House of Parliament in
order to come into or remain in force;
(c)
the instrument so far as containing that provision is not by
virtue of any enactment required to be laid before Parliament
after being made.
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      (3)
Where this paragraph applies in relation to the draft of a statutory
instrument—
(a)
the instrument, so far as containing the provision referred to
in sub-paragraph (1)(a) above, may not be made unless the
draft is approved by a resolution of each House of
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Parliament;
(b)
in a case where the condition in sub-paragraph (2)(a) above is
satisfied, the instrument so far as containing that provision is
not subject to annulment in pursuance of a resolution of
either House of Parliament; and
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(c)
in a case where the condition in sub-paragraph (2)(b) above
is satisfied, the instrument so far as containing that provision
is not required to be laid before Parliament after being made.
      (4)
In this paragraph, references to an enactment are to an enactment
passed or made before or after the coming into force of this
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paragraph.
2B    (1)
This paragraph applies where, pursuant to paragraph 2(2) above, a
statutory instrument containing provision made in exercise of the
power conferred by section 2(2) of this Act is laid before Parliament
under section 5 of the Statutory Instruments Act 1946 (instruments
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subject to annulment) and—
(a)
the instrument also contains provision made in exercise of a
power conferred by any other enactment; and

Legislative and Regulatory Reform Bill
Part 4 — Supplementary and general
17

(b)
apart from this paragraph, either of the conditions in sub-
paragraph (2) below applies in relation to the instrument so
far as containing that provision.
      (2)
The conditions referred to in sub-paragraph (1)(b) above are that—
(a)
the instrument so far as containing the provision referred to
5
in sub-paragraph (1)(a) above is by virtue of any enactment
required to be laid before Parliament after being made but—
(i)
is not subject to annulment in pursuance of a
resolution of either House of Parliament; and
(ii)
is not by virtue of any enactment required to be
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approved by resolution of each House of Parliament
in order to come into or remain in force;
(b)
the instrument so far as containing that provision is not by
virtue of any enactment required to be laid before Parliament
after being made.
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      (3)
Where this paragraph applies in relation to a statutory instrument,
the instrument, so far as containing the provision referred to in sub-
paragraph (1)(a) above, is subject to annulment in pursuance of a
resolution of either House of Parliament.
      (4)
In this paragraph, references to an enactment are to an enactment
20
passed or made before or after the coming into force of this
paragraph.
2C
Paragraphs 2A and 2B above apply to a Scottish statutory instrument
containing provision made in the exercise of the power conferred by
section 2(2) of this Act (and a draft of any such instrument) as they
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apply to any other statutory instrument containing such provision
(or, as the case may be, any draft of such an instrument), but subject
to the following modifications—
(a)
references to Parliament and to each or either House of
Parliament are to be read as references to the Scottish
30
Parliament;
(b)
references to an enactment include an enactment comprised
in, or in an instrument made under, an Act of the Scottish
Parliament; and
(c)
the reference in paragraph 2B(1) to section 5 of the Statutory
35
Instruments Act 1946 is to be read as a reference to article
10(2) of the Scotland Act 1998 (Transitory and Transitional
Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/
1096).”
Part 4
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Supplementary and general
Supplementary
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Repeals and savings
(1)
The enactments mentioned in the Schedule to this Act are repealed to the
extent specified in the second column of that Schedule.
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Legislative and Regulatory Reform Bill
Part 4 — Supplementary and general
18

(2)
Where a document has been laid before Parliament under section 6(1) of the
2001 Act before the day on which this Act comes into force, the repeal by this
Act of sections 1 to 8 of the 2001 Act does not affect the application of those
sections in relation to the making of an implementing order.
(3)
In subsection (2) an “implementing order” in relation to any document laid
5
before Parliament under section 6(1) of the 2001 Act means an order to give
effect (with or without variations) to proposals in that document.
(4)
Nothing in this Act affects the continuation in force of any order under section
1 of the 2001 Act which—
(a)
was made before the day on which this Act comes into force; or
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(b)
is made on or after that day by virtue of subsection (2).
(5)
Nothing in this Act affects the continuation in force of any order under section
1 of the Deregulation and Contracting Out Act 1994 (c. 40) which, immediately
before the coming into force of this Act, continues in force by virtue of section
12(4) of the 2001 Act.
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(6)
In this section “the 2001 Act” means the Regulatory Reform Act 2001 (c. 6).
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Consequential amendments
(1)
In section 6 of the Deregulation and Contracting Out Act 1994 (model
provisions with respect to appeals), in subsection (7), for the definition of
“enforcement action” substitute—
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““enforcement action” means—
(a)
in relation to any restriction, requirement or condition,
any action taken with a view to or in connection with
imposing any sanction (whether criminal or otherwise)
for failure to observe or comply with it; and
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(b)
in relation to a restriction, requirement or condition
relating to the grant or renewal of licences, includes any
refusal to grant, renew or vary a licence, the imposition
of any condition on the grant or renewal of a licence and
any variation or revocation of a licence;”.
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(2)
In section 100 of the Local Government Act 2003 (c. 26) (exercise of powers by
reference to authorities’ performance categories), in subsection (2)(d), for
“section 1 of the Regulatory Reform Act 2001 (c. 6)” substitute “section 1 of the
Legislative and Regulatory Reform Act 2006”.
General
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General interpretation
In this Act—
“the Assembly” means the National Assembly for Wales;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26).
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Commencement
This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.